Get free answers to your Family Law legal questions from lawyers in your area.
I co-signed a mortgage for a co-op apartment with my ex-wife during our marriage. The apartment was awarded to her by a Divorce Decree in 2016. However, she is now about to default on the mortgage and won't respond to my calls or texts. I'm concerned I may also be held responsible for the... View More 
I am involved in court proceedings with my child's other parent in New York. The other parent has temporary visitation and is supposed to contact my child through a specific parental app at a set time, as directed by the court order. However, they frequently call at different times and use... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
You should file a combined contempt and enforcement petition coupled with a change of custody It is not in the best interests of the child to sleep with her father. I’d contact the attorney for the child because if there is one a pitiful. For change coming from the attorney for the child... View More
I am involved in a custody case where I have screen shots showing that the other parent calls our child at unauthorized times using an app not mentioned in the court order. He currently has temporary visitation rights. My child has expressed fear, stating that the other parent stares at her, sleeps... View More
I'm looking for case laws from the last 10 years in New York and Washington D.C. where the court considered a child's wishes, specifically those above 9 years old, in parental divorce proceedings.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025
The asker would have to look up the cases using online services. We here are not a law library. However, we could offer some tips.
The government owns the child while the parents are in court. The government decides using its own measures how much credibility to give to the child's... View More
On April 3, a support magistrate vacated my child support order because the mother of my child is no longer receiving public assistance. How long does it usually take for this change to go into effect in New York State?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025
We do not know as we are not agents of the executive branch of government. The inner working of support collections are a mystery to us.
However, based on prior client experience, changes go into effect immediately. However, the mother is free to file for child support and she will get it... View More
I want to get a divorce after being married for 4 years to a German citizen. We got married in the United States, and she currently lives in Germany while I reside here. We have no children or shared properties, and she has not been in the U.S. for over a year. Since March last year, we have had no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2025
The asker can file in New York if he has New York residency (not clear how many years are needed because we do not know how long the wife lived in New York if she did at all). The summons and complaint is served via an oversees process service company that will run into some money for translation... View More
If I give up my parental rights, do I still have to pay child support? I currently have a court order for child support in place, but I have not heard or seen my kids in four years. There are no agreements with the other parent regarding child support and parental rights.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025
I understand how emotionally complicated it can be to feel disconnected from your children while still having legal and financial obligations. In New York, terminating parental rights does not automatically eliminate child support obligations unless the court specifically orders otherwise in very... View More
I was born in Guatemala and adopted by U.S. citizen parents in 2001, with the adoption and a second-parent adoption being recognized by the U.S. and completed in New York State. I currently hold a U.S. passport, a social security card, and a New York State-issued birth certificate. I am now 23... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025
Yes, you can obtain a U.S. Certificate of Citizenship. Based on the information provided, you very likely acquired U.S. citizenship automatically through the Child Citizenship Act of 2000, which went into effect on February 27, 2001. Your U.S. passport is already evidence of your citizenship... View More
I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025
I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are... View More
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025
I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More
I am a U.S. citizen originally from Nepal and need clarification regarding my marital history for my upcoming I-130 petition. In 2018, my ex-husband left me and moved to another country, leaving me alone. In 2019, I mistakenly listed my marital status as "single" on my Diversity Visa... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
Yes, you must disclose your previous marriage and divorce on your I-130 petition. Form I-130 specifically requires petitioners to list all prior marriages for both you (the petitioner) and your future spouse (the beneficiary), regardless of where these marriages occurred or how they were documented... View More
I have been served with divorce papers in New York. We have one child, and there are disagreements with the terms. My spouse wants me to cover medical and dental expenses, and she has requested to remain my beneficiary. She is also asking for maintenance fees and for me to pay court fees. We have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2025
The asker can try calling around law school divorce clinics, but finding and retaining a qualified divorce attorney will not likely happen free of charge.
Providing legal services for one person is not pro bono publico.
I am dealing with a non-payment eviction case in Southampton Justice Court, Hampton Bays, NY, where the landlord's lawyer claims to have sent multiple Late Rent Notices without evidence, such as certified mail tracking or delivery confirmation. The landlord has not maintained the lot according... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025
Under New York Real Property Law §235-b, landlords must maintain all premises in accordance with the Warranty of Habitability, which requires providing tenants with livable, safe, and sanitary accommodations regardless of what your lease states. Your landlord's failure to maintain the lot... View More
Can I take legal action against my mother for kicking me out of her house in Rochester, NY, when I was 18 years old? I had lived there for several years, was not paying rent, and was not given any notice or reason for being asked to leave. The issue arose because my mother was unhappy with my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
I understand that being asked to leave your home under these circumstances is distressing. In New York, once an individual reaches the age of 18, they are considered a legal adult. This means that parents are no longer legally obligated to provide housing or support. As a result, a parent can ask... View More
I have an original child support agreement with my ex that is notarized but was never filed in court because he always paid on time and didn't want to file it. We have recently agreed on and signed a modified version of this agreement, which is not notarized. Can I file a copy of the modified... View More
answered on Mar 26, 2025
Only court orders are enforceable. You need to start a child support matter in Family Court and then you might be able to submit the agreement as evidence of the intent.
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
My daughter suffered postpartum psychosis four months after exclusively breastfeeding. Despite informing 911 that their call was a mistake, an officer arrived, incorrectly assumed drug use, and insisted my daughter couldn’t take her baby, who was perfectly fine. When I returned, everyone was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025
The fifty states of the United States are not a political body that provides accountability for anything. There is no recourse for errors and omissions, and abuses are the standard. DOGE only recently entered the picture.
We see one abuse, the mischaracterization of a new mother and her... View More
I have had sole custody of my nephew for nearly 10 years after my sister lost custody due to neglect. I would like to adopt him and change his last name to mine and my husband's. My sister, the biological mother, is uninvolved and lives in a different county, and there is no biological father... View More
I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025
I understand how upsetting it must be to lose temporary custody, especially after having been the primary caregiver for your child's entire life. Regaining full custody in New York after a temporary order has been issued involves demonstrating to the court that a change is in the child's... View More
I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025
I understand how upsetting and confusing this experience must have been, especially when you were expecting legal representation and were asked to proceed without it. In New York Family Court, whether a judge can proceed and make a decision without assigning counsel depends on the type of case and... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
